The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-08-10
FEES OF MAGISTRATES.
A BILL TO PROVIDE FOR PAYING
THE JUSTICES.

n Lawyers Opinion on the Constitu-
tionality of the Bill-What the Effect
of It's Passage Would Bottle Mag
istrates Complain OF Injustice-The
Reason for the Prevalence of Crime.
A bill is now pending in the Legislature,
the object of which is to provide for the
payment of Magistrates for work done by
them in criminal cases. It's purpose is to
repeal the act Of 1876, which is a special act
for Chatham county. This act Of 1876 al
lows the charge of SO for drawing a bond,
and provides also that the fees of the Magis-
trates and Constables shall be as is pre-
scribed in paragraphs $500 and
300 of the Georgia Code, and
these two provisions are also made
in the new bill which is pending. Sections
3G99 and 300 are the sections specifying the
amount of costs to be taxed by Magistrates
The only striking point in the bill is the pro-
vision that the costs of the Magistrates
'shall" be paid out Of the insolvent costs.
One of the most learned gentlemen of the
| Savannah bar said yesterday that the word
| ''shalln was the only point to the bill; that
the Magistrates wanted to get into the in
solvent costs first and have the payment of
their fees insured At present the stat
ute provides for their payment, placing
them ON an equal footing with the officers
of the court and giving them their pro rata
of the nsOlvent costs. That is a part of the
act of 1876, but the Magistrates have never
discovered that they were entitled to that
and have never put in u claim for their
share, so the insolvent costs have been
divided between the Solicitor General, the
Clerk of the Court and the Sheriff, but If
their part was claimed it would be paid to
| them
| NOT CONSTITUTIONAL.
II the pending bill is passed and the act of
1876 is repealed they will DO worse off than
they now are, for the effect will be only to
repeal the former act and leave them under
| the general law now existing and which
governs all counties except Chatham, for
they cannot pass another special act for
Chatham county, because since the enact
ment of the law of 1876 special acts have
become unconstitutional, and if that act is
| repealed and this one passed it will be I'M
constitutional and the magistrates of Chat
ham county will be entitled to only such
fees as the statute provides for other coun-
| ties, and the only means of securing the
fees will be the same as now, viz: To send
the bill of costs to the court trying the case
and receive their pro rata of the insolvent
costs. But in one particular the magistrates
will get the worst of it. Under the act of
1876 they may charge So for drawing a
bond. If they come under the statute they can
charge only 81 for that service, and a very
profitable source of revenue will be cut off
from them.
WHY THE BILL rs OPPOSED.
There is a good deal of opposition to the
bill because of the provision that the JUS
tees ''shalln receive their fees from the in
solvent costs. In rare cases only do the
criminals who are prosecuted, have money
enough to pay costs, but the claims are al
| lowed by the court and when gamblers, sa-
loon-keepers and others violate the law and
are fined, the fine goes to the payment of
insolvent costs, and the statutes provide
that they shall be divided pro rata, but if
the pending bill should become operative,
the Magistrates would receive their costs
in full, and after that the officers of the
court would get what was LETT.
The magistrates say that there is a great
injustice inflicted upon them; that they
| issue warrants, make arrests, send consta-
bles to take the prisoner to jail, hold the ex-
animation, and ii the crime is felony
write down all the testimony and send it up
to the Superior Court and for all this they
do not get a cent. These, however, said a
lawyer, are the costs which entitle them to
their pro rata of the insolvent costs, but
which they have never claimed.
WHY THERE is so MUCH CRIME.
There is another feature to the bill
which is quite an important one, a Justice
said. "The reason there is so much crime
in Savannah is that we are not paid for
| running down criminals. We know of
thieves who are in the city, of gambling
houses that are running in full blast, and
other crimes and criminals, too, but there is
always more or less danger of bodily harm
when an officer attempts to arrest these
people, and no officer is going to take the
risk and trouble of doing it when he knows
( l.. st I
were paid for our work there would be an
incentive to hunt down crime and
take some chances. If the county
would make some provision for paying
us / guarantee that in six months
the citizens of Savannah would be perfectly
safe in going to sleep with every door and
window in their houses wide open"
WHERE THE DANGER LIES.
A lawyer said, however. that the great
danger in providing for the payments of
Magistrates was the very fact that it would
furnish AN incentive to hunt up crime.
There are some bad characters holding po-
sitions as Magistrates, he said, negroes and
some whites too. They are as unprincipled
as any men could he, and it would be an ex-
tremely dangerous thing to pay them for
arresting and sending up men held for fight
ing and similar ofPenseS. They send men out
to pick fights and create disturbances in or
der to make their 50 on the bond but If they
paid fees for this work in addition to the
bond fee they would hunt up too many OF
these things. The best thing to do is TO let
them pass their act repeating the act of 1916
and then wen have the new act declared un-
constitutional, and the magistrates will get
81 for their bonds and their pro rata from
the insolvent cost and stand on a footing
with the magistrates of other counties,
where they ought to stand"
The magistrates do not think that their
bill win be passed.. IN fact, one of them
said that it certainly would not but it is
understood that they will draw up another
if this is defeated, and try and get one that
will not arouse the opposition that this has
excited.
ATTACKING A POLICEMAN.